"Pro-corporate" Supreme Court order on FRA would further marginalize Adivasis

By VS Roy David, JP Raju*
For millions of Adivasis and other traditional forest dwellers February 13, 2019 will go down in history as the day of apocalypse. This is like the proverbial Black Friday where millions of most marginalized people of India were ordered by malicious anti-people draconian Supreme Court order depriving them the life and livelihood by evicting them from their habitats.
Adivasi people much before the modern laws came into existence have been practicing a sustainable ecofriendly agriculture since times immemorial. The Adivasi lexicon had no concept of private property. Their land holding system was known as communal land holding system, which was egalitarian, democratic and gender just.
The Adivasi folks have been coexisting with forests and wildlife for thousands of years in a mutually liberating symphony and harmony. Each side recognized the natural rights of each other without causing any harm to each other. The British colonial masters with the stroke of pen, declared them encroachers in their own habitats.
The post-Independent period was also not so rosy for the indigenous people of India. Our own post-colonial rulers further marginalized them by not only continuing the draconian colonial forest Act. But also enacting a plethora of anti Adivasi laws like Wild Life Protection Act and Forest Conservation Act etc.
The destructive development path perused by the successive post-Independence governments has push them further into the brink of disaster. Scores of Adivasi mass movements have been protesting against the various Acts of dispossession by mega dams, industrial projects, mining projects, real estate projects, national parks and sanctuaries.
After years of tough and protracted struggle the Adivasi mass movements ultimately forced the Government of India to enact the Forest Rights Act (FRA) in 2006. In spite of this the forest bureaucracy, the corporate sector and various other vested Interest have been resisting to handover the title deeds of Forest land.
The sheer apathy and hostility of the forest departments of various state governments can be gauged from the fact that out of 22,87,225 claims received from Scheduled Tribe (ST) applicants, 6,60,388 claims were rejected. Then out of 6,84,485 claims received from other traditional forest dwellers 4,44,493 claims were rejected. In Karnataka total of 2, 27,014 claims were filled under FRA, from this 35,521 claims of Adivasis and 1,41,019 claims of other forest dwellers were rejected.
The final blow came that when Supreme Court on a spurious writ petition filed by irresponsible anti- Adivasi conservative NGO Wild Life First passed an unjust and arbitrary order for summary eviction of Adivasis and other traditional forest dwellers whose claims have been rejected at various stages of processing.
It is a great tragedy that the Supreme Court instead of upholding the spirit of FRA went against it. We want to clearly state the fallacy of the rejection of FRA claims in the various stages of government departments. FRA clearly says that the Grama Sabha is supreme in deciding the claims under FRA. The clause 12-A of forest rights rules stipulate among other things the following:

Claims approved by Grama Sabha have to be sent back to it in case of objection by Government agencies and other.
In case of modification or rejection of a claim by the Grama Sabha as well as sub-divisional level committee the claimants have to be informed and given sufficient time to appeal against the proposed modifications and rejection.
The sub-divisional and district committee could not take any decision on objection to any claims without hearing the claimants.
No petition of the aggrieved person shall be disposed of without giving her/his a reasonable opportunity to present anything in support of claim.
In cases where the resolution passed by the Grama Sabha recommending a claim is upheld by the sub- divisional level committee with or without modifications, but turned down by the district level committee, the district level committee shall record detailed reasons for not accepting the recommendation of Grama Sabha of sub-divisional level committee in writing a copy of the order of District level committee along with the reasons shall be made available to claimants or the Grama sabha or the community.
Rule 12-A also clearly states that no committee (except the Grama Sabha or the forest rights committee) at the block or panchayat or forest beat or range level or any individual officer of any rank shall be empowered to receive claims or reject, modify or decide any claims on forest rights.

The above provisions clearly indicates that none of the state governments have followed the genuine process of FRA, and also the Supreme Court has passed an extremely unjust and arbitrary order on February 13, 2019 to evict Adivasis and other forest dwellers.
All the adivasi mass movements, civil society organizations, political parties and other progressive and democratic Forces should come together and force the Government of India to pass an ordinance to nullify this unjust Supreme Court order.
---
*National Convener, National Adivasi Alliance, President, Budakattu Krishikara Sangha
Written as an appeal ahead of a meeting convened to discuss the issue at SCM House Bangalore, at 9.30 am on March 26

Comments

Mergers and privatisation: The Finance Minister’s misguided banking agenda

By Thomas Franco The Finance Minister has once again revived talk of merging two or three large public sector banks to make them globally competitive. Reports also suggest that the government is considering appointing Managing Directors in public sector banks from the private sector. Both moves would strike at the heart of India’s public banking system . Privatisation undermines the constitutional vision of social and economic justice, and such steps could lead to irreversible damage.

Political misfires in Bihar: Reasons behind the Opposition's self-inflicted defeat

By Vidya Bhushan Rawat* The Bihar Vidhansabha Election 2025 verdict is out. I maintained deliberate silence about the growing tribe of “social media” experts and their opinions. Lately, these do not fascinate me. Anyone forming an opinion solely on the basis of these “experts” lives in a fool’s paradise. I do not watch them, nor do I follow them on Twitter. I stayed away partly because I was not certain of a MahaGathbandhan victory, even though I wanted it. But my personal preference is not the issue here. The parties disappointed.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Whither GIFT City push? Housing supply soars in Mumbai, Hyderabad, Pune, not Ahmedabad

By Rajiv Shah A new report by a firm describing itself as a "digital real estate transaction and advisory platform," Proptiger , states that the Mumbai Metropolitan Region (MMR) has been the largest contributor to housing units among India's top eight cities currently experiencing a real estate boom. Accounting for 26.9% of all new launches, it is followed by Pune with 18.7% and Hyderabad with 13.6%. These three cities collectively represented 59.2% of the new inventory introduced during the third quarter (July to September 2025), which is the focus of the report’s analysis.

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Only one Indian national park rated ‘good’ by IUCN: Concerns over ecological governance

By A Representative Environmental policy expert Shankar Sharma has written to the Ministry of Environment, Forest and Climate Change (MoEF&CC) and its affiliated institutions, expressing grave concern over India’s deteriorating ecological health. Citing the International Union for Conservation of Nature (IUCN)’s latest global review, which found that only Khangchendzonga National Park received a “Good” rating among 107 national parks, Sharma warned that the findings reveal a “serious concern for the overall health of the country’s flora, fauna, and environment.”

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor* This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

Search This Blog